Blog

Mental Illness and the Capacity to Parent Under Maryland Law

Parenting is never easy—especially during a divorce or custody dispute. Emotions run high, stress increases, and in some cases, mental illness can play a significant role in how family courts assess a parent’s fitness.

In Maryland, a parent’s mental health is a key factor in determining what’s in the best interests of the child. While many parents cope with stress in healthy ways, untreated or severe mental illness can interfere with safe and stable parenting.

Unfortunately, underserved communities—especially people of color and low-income families—face additional barriers, including racial bias, limited access to mental health care, and challenges with legal representation. These systemic issues, combined with mental health concerns, can further complicate custody decisions.

As awareness grows, so does the legal field’s sensitivity to mental health. Maryland family courts are adapting, but there’s still work to do to ensure fair, compassionate outcomes for all families.

Read the full article by Family Law Director Nancy Grimm and former MVLS Intern Brittany Nwadike, featured in the Maryland State Bar Association Spring Journal!